Paul Estate

Dissenting Opinion

Rahauser, J.. . . The executor of the will of the life tenant, Edwin V. D. Paul, claims that the $6,216.93 should be distributed to him on the theory that increments accruing by reason of gains arising from the liquidation of investments should be awarded to the life beneficiary. He claims that the said amount represents income to which the life tenant is entitled. In support of this contention counsel cites Nirdlinger’s Estate, 290 Pa. 457, at page 470, where the court said:

“The testator gave the income of his estate to the life tenants. ‘Income’ may be defined as a gain…